Litigation Alpha

User Agreement

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This User Agreement (“Agreement”) explains the terms under which you are allowed to use the Litigation Alpha services (the “Services”) and any web or mobile services or applications (collectively, the “Site”) offered by Markman Advisors LLC in relation to the Litigation Alpha services. This agreement is a part of and incorporates by reference all the Terms of Use linked from http://www.litigationalpha.com/terms.html, including all site information referenced or linked therein (“Terms of Use”). This Agreement is effective immediately upon subscription to the Services. Your use of the Site after the effective date will signify that you have read, understand, accept, agree to be bound and are bound by this Agreement, for yourself and on behalf of any subscriber for whom you use the Site, and you represent that you have the authority to do so. To the extent permitted by applicable law, we may modify this Agreement without prior notice to you, and any revisions to this agreement will take effect upon dispatch of an email notification to the email address listed on your account. It is your responsibility to ensure that this email address is up to date and you acknowledge that Markman Advisors’ notification obligation will be fulfilled upon dispatch of such email notification without regard for whether the notification has been received by you or your agent. Capitalized terms not defined in this Agreement have the meanings given those terms on the Site.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. YOU HAVE THE RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION AS DESCRIBED IN SECTION 16 BELOW.

1. Overview
In exchange for the subscription fees, subscribers to the Service will receive an email (“Alert”) notifying the subscriber that an entry has been added to a publicly-available database (“Docket”), such as the case docket for a specific litigation occurring within the United States, that is specifically designated by the subscriber (“Designated Docket”) among those databases offered for monitoring via the Site and the Services (“Available Dockets”).

2. Relationship with Markman Advisors
Markman Advisors does not provide investment advice or financial services. Markman Advisors does not direct, has no control over, makes no representations or warranties about, and does not guarantee the truth, accuracy, reliability or timeliness of any information provided through the Services, including the timeliness, instantaneousness, speed of provision of emailed alerts regarding any monitored events for which alerts will be sent to you. Markman Advisors transmits information to users, sometimes from third parties, and does not warrant the uninterrupted transmission of this information for reasons including, but not limited to, computer errors, server disruptions, or other factors both within and outside the control of Markman Advisors.

You acknowledge that Markman Advisors has the right to take actions with respect to the User Agreement, Terms of Use and your account, including without limitation suspension, termination, or legal actions, as Markman Advisors in its sole discretion deems necessary.

This agreement and any registration for or use of the Site will not be construed as creating or implying any agency relationship between you and Markman Advisors.

3. Fees
Retail
For each Designated Docket, the subscriber will receive an Alert that is based upon pinging the Designated Docket either on an hourly basis (“Hourly Pings”) or half-hourly basis (“Half-Hourly Pings”). Subscription fees for Hourly Pings and Half-Hourly Pings vary, and are subject to change on a month-to-month basis, as set forth and posted on the Site. Access to the Site and the Services is available on a monthly or annual basis. Subscription fees for a monthly or annual subscription will be charged immediately upon signing up for the respective service. Monthly or annual charges incurred on any day during a given month, or given year, are for access to the Site and the Services for that given month or year, respectively, with no right or claim by the subscriber to a pro-rata reduction or discount of any fees. Credit cards will be charged on the date of subscription and held on file for automatic monthly billing. Upon cancellation of a monthly or annual subscription, either through the election of the subscriber or, subject to the Terms of Use, at the election of Markman Advisors, access to the Site and the Services will be terminated immediately, and upon said termination, subscriber has no right or claim to reimbursement or proration of fees for cancellation on any day of any given month, or year, respectively.

Institutional
Please contact us directly for information regarding institutional offerings and prices.

4. Site License
Subject to and conditioned on compliance with this Agreement and the other Terms of Use, Markman Advisors grants you a limited license to access and, if you are a Member, to use the Site for the purpose of ordering and receiving the Services. You shall not access or use the Site or the Services for any reasons that are in competition with those provided via the Site, the Services, or the website (www.litigaitonalpha.com). You shall not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of the Site or provided via the Services in any way for any public or commercial purpose without prior written consent of Markman Advisors.

You shall not use any content of the Site on any other web site or in a networked computer environment for any purpose except your own viewing. You shall not frame or link to the Site except as permitted in writing by Markman Advisors. You shall not attempt to reverse engineer or attempt to interfere with the operation of any part of the Site unless expressly permitted by law. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Markman Advisors. Markman Advisors and its licensors retain all of their right, title and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the Site. The Litigation Alpha logo and name are trademarks of Markman Advisors. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners. Except as expressly stated, nothing in this Agreement confers any license under any of Markman Advisors’ or any third party’s Intellectual Property Rights, whether by estoppel, implication or otherwise. YOU AGREE THAT ANY VIOLATION AND/OR BREACH OF ANY OBLIGATION BY YOU SET FORTH WITHIN THIS PARAGRAPH SHALL AND WILL SUBJECT MARKMAN ADVISORS TO IRREPARABLE HARM FOR WHICH INJUNCTIVE AND PUNITIVE DAMAGES ARE WARRANTED.

5. Unauthorized Access and Use; Site Interference; Malicious Software
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. You agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of Markman Advisors and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (e) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (f) collect or harvest any personally identifiable information, including account names, from the Site; or (g) access any content on the Site through any technology or means other than those provided or authorized by the Site.

Additionally, you agree that you will not post or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine or mechanism, through or to the Site or the Site software, that is designed to cause to cease functioning, disrupt, disable, harm or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of, or to allow you or any other person to access, or damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations of or on, the Site or any other software, firmware, hardware, computer system or network of Markman Advisors or any third party. YOU AGREE THAT ANY VIOLATION AND/OR BREACH OF ANY OBLIGATION BY YOU SET FORTH WITHIN THIS PARAGRAPH SHALL AND WILL SUBJECT MARKMAN ADVISORS TO IRREPARABLE HARM FOR WHICH INJUNCTIVE AND PUNITIVE DAMAGES ARE WARRANTED.

6. Third-Party Content
Links and Applications
The Site may contain links to websites and information that is neither owned, possessed or within the indirect or direct control of Markman Advisors (“Third-Party Sites”). The Site may also contain applications that allow you to access Third-Party Sites via the Site. Such Third-Party Sites are owned and operated by the third parties and/or their licensors. Your access and use of Third-Party Sites, including online communication services such as chat, email and calls will be governed by the terms and policies of the applicable Third-Party Sites. You acknowledge and agree that Markman Advisors is not responsible or liable for: (i) the availability or accuracy of Third-Party Sites; or (ii) the content, advertising, or products on or available from Third-Party Sites. You are responsible for deciding if you want to access a Third-Party Site by clicking on a link or installing an application. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. Your use of the links and these services at Third-Party Sites is your own risk and agree that your use of an application via the Site is on an “as-is” basis without any warranty for any purpose.

7. Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure (the “Security Measures”). More information regarding the Security Measures are available upon request at the following email address: info@litigationalpha.com. You hereby agree that the Security Measures are commercially reasonable. Markman Advisors does not guarantee, represent or warranty that unauthorized third parties will not breach those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.

8. Warranty Disclaimer
YOU AGREE NOT TO RELY ON THE SITE, THE SERVICES, OR ANY INFORMATION ON THE SITE, OR ITS CONTINUATION. THE SITE SERVICES ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE DISCLAIM ALL AND MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE SITE BY ANY THIRD PARTY.

SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE THAT COVERED PARTIES, AS THAT TERM IS DEFINED WITHIN THE TERMS OF USE, WILL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR MATERIALS OR THIS AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.

10. Indemnity
You agree to defend, hold harmless and indemnify Markman Advisors, including all parents, subsidiaries and affiliates thereof (“Affiliates”), from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees and costs) incurred by Markman Advisors or Affiliates arising from or related to any cause of action, claim, suit, proceeding, demand or action brought by a third party against Markman Advisors or an Affiliate in connection with your use of the Site or the Services.

11. Term, Termination, and Suspension
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: (a) restrict, suspend or terminate your access to all or any part of the Site; (b) change, suspend or discontinue all or any part of the Services; (c) refuse, move, or remove any content that is available on the Site; (d) modify the pricing of features or services (except users subject to separate pricing agreements where changes will be in accordance with the terms therein); (e) deactivate or delete your accounts and all related information and files in your account; and (f) establish general practices and limits concerning use of the Service. You agree that we will not be liable to you or any third party for taking any of these actions.

12. Binding Arbitration
You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and Markman Advisors may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

13. Governing Law
Any claim relating to the Litigation Alpha services shall be governed by the laws of the United States of America and the State of New York without regard to its conflict of law provisions. Subject to the provisions set forth in paragraph 12 herein, you agree that the forum for any claim arising thereunder will be in the appropriate state or federal court in New York City.

Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our website or sending them to you via email. If you do not provide us with an up-to-date email address, we cannot be liable if we fail to notify you.

14. Class Action and Jury Trial Waiver
ALL CLAIMS MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MARKMAN ADVISORS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Right to Opt-Out of Arbitration and Class Action / Jury Trial Waiver

ACTION IS REQUIRED TO PROTECT YOUR LEGAL RIGHT TO SUE MARKMAN ADVISORS IN COURT OR TO PARTICIPATE IN ANY WAY IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU MAY OPT OUT OF THE FOREGOING ARBITRATION AND CLASS ACTION / JURY TRIAL WAIVER PROVISION OF THIS AGREEMENT BY NOTIFYING MARKMAN ADVISORS IN WRITING WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT OR YOUR FIRST VISIT TO THE SITE, WHICHEVER IS LATER. SUCH WRITTEN NOTIFICATION MUST BE SENT TO MARKMAN ADVISORS, INFO@LITIGATIONALPHA.COM, ATTENTION: MARKMAN ADVISORS, AND MUST INCLUDE: (1) YOUR SITE USERNAME, (2) YOUR NAME, (3) ADDRESS, (4) TELEPHONE NUMBER, (5) EMAIL ADDRESS, AND (6) A CLEAR STATEMENT INDICATING THAT YOU DO NOT WISH TO RESOLVE DISPUTES THROUGH ARBITRATION AND DEMONSTRATING COMPLIANCE WITH THE 30-DAY TIME LIMIT TO OPT-OUT OF THE ABOVE ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS.

15. Severability and Integration
This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

16. Confidentiality
You shall keep confidential, shall not use for any purpose not permitted in these terms and shall not disclose any password employed by you in your use of the Site.

17. Audit
You grant us the right to audit your use of the Site, so as to ensure compliance by you with these terms.

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